Mileva and Others v. Bulgaria

Submitted by Kelly Russo on Fri, 11/26/2010 - 00:00
OLD_ID
972
Excerpt
Regional Decisions
OLD_REGIONAL_DECISION
European Court
Status
Archived
Content

The European Court of Human Rights held Bulgaria in violation of Article 8 of the European Convention on Human Rights for its failure to approach applicant's nuisance claim regarding the unlawful operation of a computer club in the bottom floor of her flat with due diligence and proper consideration. Article 8 recognizes the right to respect for private lives and homes. While the Court recognized that the State subjected the club's licensing permit to a number of conditions that would have alleviated the situation, "[r]ules intended to safeguard guaranteed rights serve little purpose if they are not properly enforced." The Court found that the passiveness of State authorities prolonged the applicant's discomfort and prevented the applicant from obtaining an effective remedy.